Immigration Act 1987

  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).

Revocation of residence permits and returning residents' visas

19 Revocation of residence permit by immigration officer
  • (1) Where an immigration officer (acting under delegated authority from the Minister) grants a residence permit to any person as a result of administrative error, or is satisfied on reasonable grounds that any other immigration officer has granted such a permit to any person as a result of such an error, the officer may revoke the permit at any time before the person takes the permit from the arrival hall or office of the Department of Labour in which the error is made and discovered, and every such revocation shall take effect immediately.

    (2) Where a permit is revoked under subsection (1) of this section, and the person is still within the arrival hall in which the error was made and discovered, then, unless some other permit is granted to that person or that person is a New Zealand citizen or is exempt under this Act from the requirement to hold a permit, the provisions of section 128 of this Act shall apply as if that person's application for a permit had been refused.

    (3) A revocation under this section shall be made by endorsement in a form approved by the Minister.

    (4) For the purposes of this section, a residence permit is granted as a result of administrative error if—

    • (a) it is granted to a New Zealand citizen or a person who is exempt under this Act from the requirement to hold a permit; or

    • (b) it is granted to a person to whom section 7 of this act applies; or

    • (c) the person granting it intended to grant a temporary permit of some type rather than the residence permit that was actually granted; or

    • (d) it is granted in contravention of—

      • (i) any special direction; or

      • (ii) any instruction of a kind referred to in section 130(5) of this Act; or

      • (iii) the Government residence policy applicable at the relevant time; or

    • (e) it is granted on the basis of an administrative error (of any of the types referred to in this subsection) in determining an earlier application for a visa or permit.

    Section 19 heading: inserted, on 18 November 1991, by section 9 of the Immigration Amendment Act 1991 (1991 No 113).

    Section 19(1): amended, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).

    Section 19(2): amended, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).

    Section 19(4)(d): substituted, on 18 November 1991, by section 10 of the Immigration Amendment Act 1991 (1991 No 113).

    Section 19(4)(d)(iii): amended, on 1 October 1999, by section 17 of the Immigration Amendment Act 1999 (1999 No 16).

    Section 19(4)(e): inserted, on 1 October 1999, by section 17 of the Immigration Amendment Act 1999 (1999 No 16).